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  • #52178
    Ziggy
    Flatchatter

      Quick question, how many proxies can a Strata Manager hold at an Annual General Meeting?

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    • #52185
      Jimmy-T
      Keymaster

        Quick question, how many proxies can a Strata Manager hold at an Annual General Meeting?

        In a scheme of up to 20 lots (in NSW), only one.  In schemes of more than 20 lots,  a whole number representing no more than 5 per cent of the lots.

        In real terms, this means

        • 1 to 39 lots = 1 proxy, maximum
        • 40 to 59 lots = 2 proxies
        • 60 to 79 lots = 3 proxies
        • 80 to 99 lots = 4 proxies

        … and so forth, rising in blocks of 20 lots.

        In case of argument, you might want to quote Schedule 1, 26 (7) of the Act which says:

        Limit on number of proxies that may be held

        The total number of proxies that may be held by a person (other than proxies held by the person as the co-owner of a lot) voting on a resolution are as follows—

        (a)  if the strata scheme has 20 lots or less, one,

        (b)  if the strata scheme has more than 20 lots, a number that is equal to not more than 5% of the total number of lots.
        You might also be interested in Section 25 (7):
        (7) Limits on exercise of proxy by building manager, on-site residential property manager or strata managing agent
        A vote by a proxy who is a building manager, an on-site residential property manager or a strata managing agent is invalid if it would obtain or assist in obtaining a pecuniary interest for, or confer or assist in conferring any other material benefit on, the proxy.
        The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
        #52202
        Ziggy
        Flatchatter
        Chat-starter

          Thanks Jimmy. For some reason everyone, including me, thinks SMs can hold as many proxies as asked. Whereas owners follow the rules you’ve outlined above.

          #52208
          Jimmy-T
          Keymaster

            For some reason everyone, including me, thinks SMs can hold as many proxies as asked. Whereas owners follow the rules you’ve outlined above.

            I’ve never heard of that one – but then I’m happy to be contradicted … as soon as someone quotes the part of the Act that makes it so.

            The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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